Visitation Rights: Legal Protection of the Parent-Child Bond
Family breakdown should not mean the end of a relationship with a child. Georgian legislation explicitly recognizes that regardless of divorce or living separately, both parents have equal rights and obligations to participate in their child's upbringing. Visitation Rights represent a legal mechanism regulating contact between the child and the parent (or other family members, such as grandparents) with whom the child does not permanently reside. This process is often emotionally difficult and becomes a subject of conflict between parties, making a clear legal framework and the involvement of a qualified lawyer essential.
Often, post-divorce disputes revolve precisely around the child visitation schedule. One party may feel the other parent exerts undue influence on the child, or conversely, the other party feels artificially restricted from contacting their child. In such times, the court and social services intervene to establish a regime that primarily serves the best interests of the child. Legal.ge offers access to experienced family law specialists who will help protect your parenting rights and maintain a stable, healthy relationship with your child.
What Does Visitation Rights Service Cover?
Specialists registered on the Legal.ge platform offer comprehensive legal assistance covering the following aspects:
- Developing a Visitation Schedule: Drafting a detailed plan defining weekdays, weekends, holidays, and birthdays when the non-custodial parent can see the child.
- Negotiation and Mediation: Reaching an agreement between parents without going to court, which is less stressful for the child and allows for more flexible terms.
- Court Representation: Preparing a lawsuit and defending interests in court if parents cannot agree on a schedule or one parent violates an existing agreement.
- Enforcement Mechanisms: If, despite a court decision, the other parent hinders contact with the child, a lawyer will help involve the National Bureau of Enforcement and a social worker.
- Grandparents' Rights: Under Georgian law, grandparents also have the right to request visitation with their grandchild if the parents do not allow them to do so.
- Schedule Modification/Review: Changing the existing regime in relation to the child's increasing age, changes in school schedules, or a parent's change of residence.
Common Scenarios and Real-World Examples
The issue of visitation rights arises in various situations:
- Post-Divorce Conflict: The mother, with whom the child lives, believes the father is not paying alimony and therefore forbids him from seeing the child. A lawyer clarifies that non-payment of alimony is not legal grounds for prohibiting contact with the child.
- Parent Living Abroad: One parent lives in Georgia, the other abroad. A schedule for remote communication (video calls) needs to be drafted, along with conditions for taking the child abroad during holidays.
- Isolation of Grandparents: After a family conflict, a daughter-in-law forbids her in-laws from seeing their grandchild. The grandparents can request visitation time through the court.
- Unsafe Environment: If there is a suspicion that the non-custodial parent poses a danger to the child (e.g., substance abuse), a restriction on visitation or meetings only in the presence of a social worker may be requested.
Georgian Legal Framework
Visitation rights are regulated by fundamental acts of Georgian legislation:
The Civil Code of Georgia establishes that parents have equal rights and duties towards their children. The Code explicitly states that the parent who does not live with the child has the right to interact with them, and the parent living with the child is obliged not to hinder this relationship.
The Law of Georgia on Social Assistance and relevant bylaws define the role of the social worker. In case of a dispute, it is the social worker who assesses the family environment and submits a conclusion to the court regarding what schedule would be optimal for the child.
The Civil Procedure Code of Georgia regulates the rules for hearing disputes. It is important to know that the enforcement of court decisions in such cases is specific and requires a careful approach to avoid causing psychological trauma to the child.
Step-by-Step Service Process
Working with a specialist on Legal.ge to obtain or defend visitation rights involves:
- Situation Analysis: The lawyer will study your circumstances, the child's age, attachment, and the other party's position.
- Strategy Development: Deciding whether negotiation/mediation is better or if applying directly to the court is necessary.
- Document Preparation: Drafting a visitation schedule project and, if necessary, preparing a court lawsuit.
- Representation: The lawyer will defend your position at meetings with social services and during court hearings.
- Support in Enforcement: After a decision is reached, the lawyer will assist in its practical realization so that the schedule does not remain only on paper.
Why Choose Legal.ge?
Child-related disputes belong to the most sensitive category. Any wrong step here can cause irreparable harm to the child's psyche and the parent's reputation. Legal.ge allows you to find lawyers who possess not only knowledge of the law but also rich experience and empathy in family disputes. Our specialists are focused on peaceful conflict resolution but are ready to principledly defend your and your child's rights in court. Ensure the happiness of your child's relationship with both parents with the help of Legal.ge.
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